Originally,
we had scheduled a continuation of the Public Safety Workshop for this
meeting. However, I spoke with Shannon this morning about additional items
that need to be in the presentation after hearing the questions raised by the
City Council last night. We will be scheduling the workshop session at a later
date after additional materials are put together for the City Council.

This is a request
from the property owner Ms. Norma Shupe, to remove one historic Live Oak tree
pursuant to Ch. 9, Art. II, Sec. 16.5 of the Port Orange Land Development Code
(LDC). The tree is 45 inches in diameter and is approximately 50 feet tall with
a spreading canopy that encompasses most of the backyard. Ms. Shupe would like
approval to remove this tree to avoid incurring property damage to her pool and
house foundation.

The tree is located
12 feet from the edge of the pool and 15 feet from the house foundation. Ms. Shupe
became concerned with the close proximity of the tree to the pool and house and
hired a certified arborist to inspect and provide an assessment of the tree.
The arborist concluded that the tree is in good health and could tolerate limb
and root pruning. He suggested that the roots be exposed to determine where
they are and how large a threat they pose. He also suggested pruning the
canopy to alleviate present and future conflicts between the tree and the
house. Ms. Shupe considered these recommendations and decided she would rather
seek approval to remove the tree and avoid future problems instead of investing
time and money towards what would be recurring conflicts with the tree and the
house. Staff concurs that the pool and the house are too close to the tree
making conflicts with roots and limbs inevitable.

Pursuant to Chapter 9, Article II, Section 16.5 historic trees on
single-family lots that are approved for removal by City Council shall be
replaced whenever the proposed removal will result in fewer trees than required
for single-family residences as outlined in Section 5.5, Chapter 13. Based on
the foregoing criteria the property will not need replacement trees (4 shade
trees are required and the property has 5 shade trees, 6 palms and 3 understory
trees that will remain).

Eden
Construction has now completed the Nixon Lane area improvements. Several
project additions and deletions were included during the course of the
construction. In addition, final quantities were measured and agreed to between
the contractor and our engineering consultants. Final payments have now been
calculated with cost adjustments computed in accordance with the contractual
unit prices, actual work performed, and materials provided.

Overall
the project in its entirety included 1) a new sewer collection system
constructed along Nixon Lane, 2) a new upsized water system including all new
services and meters along the entire length of Nixon Lane and Biro Drive, 3)
replacement of a 30+ year-old sewage pump station, 4) reconstruction and
overlay of existing roadways along Nixon, Biro Drive, and Sugar Grove Lane, and
5) storm water pipe replacements and headwall improvements.

It
should be noted that the project exceeded the contract time. Therefore,
appropriate liquidated damage costs were assessed in accordance with the
contract to offset expenses incurred by the City for Construction Management
Services.

The
collective project team from the engineer, the contractor, and the City has
agreed on final unit pay quantities based upon actual construction. The result
is a Final Deductive Change Order #1 in the amount of $95,370.53 making the
final contact amount $922,439.47. We request your approval of this final
deductive change order authorization in order to make final payment, contingent
upon receipt and staff approval of all standard required contract close-out
documentation.

Staff recommends approval of
the Final (Deductive) Change Order #1 to Eden Site Development Inc. for the
Nixon Lane Area Utility Improvements for a deductive amount of $95,370.53, authorizing
final payment contingent upon receipt of any and all final lien releases and
claim settlements and other standard contract close-out documentation, and
authorizing the Mayor and City Manager to execute the associated contract
documents as necessary.

The
proposed Fair-Share Agreement has been prepared in conjunction with the site
plan for the development of a 10,500 square foot retail multi-tenant
development located on the west side of Dunlawton Ave., south of Yorktowne
Blvd., in front of the existing Lowe’s. The traffic impact analysis (TIA)
completed by Lassiter Transportation Group, Inc., projects impacts to the
Dunlawton Ave./Taylor at I-95 intersection and Summer Trees Road upon
completion of this project. The $54,874.00 fair-share mitigation payment will
go toward the cost of the Dunlawton/Taylor and Summer Trees Road improvements
(see Exhibit A-2 of the agreement). The agreement has been executed by the
property owners and is attached for review.

The
site plan has been reviewed by staff and found to be in compliance with the
City’s development requirements. A Development Order will be issued upon City
Council approval of the Fair-Share agreement and receipt of the fair-share
mitigation payment.

The City has been
working cooperatively with Pop Warner on the construction of a field at Coraci
Park and has secured ECHO dollars to assist with the project. As a part of
this project, Pop Warner provided certain in-kind services related to design
and was planning to provide additional assistance through volunteer
construction labor and the procurement of goal posts and other amenities. After
additional consideration and analysis, Pop Warner is considering an alternative
site for their field. For the City to continue with the development of a
multi-purpose field and competitively bid the construction, additional design
services are needed to complete permitting, bid documents and construction
administration. Bobby Ball with Zev Cohen has already completed the majority
of design work as an in-kind service, but the plans need to be finalized for
bidding and construction purposes.

The City has $112,000
budgeted for the design and construction of the field which includes $25,000
from D.R. Horton and $87,000 from the remaining Coraci Park funds. The
additional design and permitting, bidding and construction administration with
Zev Cohen is in an amount not to exceed $10,281. Funds are available in the
Coraci Park Phase II Project, QPC034, Account 611-5100-572-63-97.

If approved, the
City’s Project Manager will be Susan Lovallo, Parks & Recreation Director;
the Consulting Engineers and Construction Administrators will be Zev Cohen
& Associates; the construction will be competitively bid and brought back
to Council for approval; and the City Attorney’s Office has recommended
utilizing a standard contract for services agreement due to the cost and
limited amount of improvements.

Staff recommends
approval of Amendment 3 to the Contract for Professional Engineering Services
for Site Development with Zev Cohen & Associates for a multi-purpose field
at Coraci Park and to authorize the Mayor and City Manager to execute the
associated documents.

Attached
is the Fire Impact Fee Ordinance that will allow implementation of the new
proposed rates by Resolutions. Current rates are established by Ordinance;
however, this change will allow new rates, as directed by Council, to be
implemented by Resolution.

The
proposed subsequent Resolution to be presented later in February will
temporarily reduce residential fire impact rates by $100 (from $270 to $170).
Recreation impact fees will also be reduced temporarily by $250 in the same
Resolution.

Ordinance 2012-3 removed fire
impact fees from the City’s Code of Ordinances, so that they may be established
by Resolution. This Resolution establishes the Fire Impact Fees at the rate
previously established in the Fire Impact Fee Ordinance.

A proposed subsequent
Resolution will be presented which temporarily reduces the fire impact fee, as
well as the recreation development fee. Once the temporary fee reduction
expires, the fees will go back to those put in place prior to the reduction.

City
Council has had discussions regarding modifications of Fire and Recreation
Impact Fees. This month a City Ordinance was approved to allow change in these
impact fees by Resolution. The attached Resolution reduces these fees
temporarily from March 1, 2012 to February 29, 2013. Recreation impact fees on
residential construction are reduced by $250 per unit ($1,525 to $1,275, etc.)
and Fire impact fees are reduced by $100 for residential (from $270 to $170)
and a proportionate amount for non-residential equaling 7 cents per square foot
(from 20 cents to 13 cents).

City
Manager Comments: This is the Resolution that establishes the reduction in
fees for the period March 1, 2012-February 28, 2012. In the Fire Impact Fee
area, the reduction is the same percentage reduction that was granted to the
residential users.

There
is a conflict on the Springwood Plat (Willow Lake). In the dedication is the
normal street dedication. However, the plat contains a note that the street is
private. In 1981, the City Council required the HOA to remove speed bumps from
Moonstone Court. The City has treated this as a public street. Before we tell
them that the City will make the repairs to their sidewalks, I wanted the
Council to be aware of the past interpretation and application. For years, we
have treated them as public streets.